Not everyone who is injured in an accident is entitled to damages. There are many factors to be considered in determining whether you have a viable personal injury lawsuit.
In order to determine whether or not you have a case, there are 3 factors that need to be considered.
Liability – Personal injury cases arise as a result of negligent or careless behavior by one person who has caused injury, or other damages, to another person. The ultimate goal of the legal process is to determine who was responsible for the accident, and make sure that he or she compensates the injured victim for the damages suffered.
Damages – There must be an injury which could be a broken bone, a back injury, a cut or something more serious. One way of proving damages are through medical records. Therefore, if you are injured, you need to seek immediate medical treatment so that your injury can be treated and documented.
Causation – Causation is a crucial part of any personal injury case. The accident itself must have caused the injury. This issue usually arises in a case where property damages are minimal and the injury is significant or where there is a history of similar pre-existing conditions. In these instances the insurer will often dispute that the accident caused the injury.
Circumstances may also exist that reduce or eliminate the possibility of recovering compensation from the negligent or reckless party, including comparative negligence, which is where the personal injury victim’s behavior led to or had a part in contributing to his or her injuries. Our skilled and experienced attorneys will thoroughly analyze the facts and circumstances leading to your injuries to determine whether your personal injury case has the potential to successfully recover compensation.
If you have suffered an injury or lost a loved one due to an accident and you find yourself wondering “Do I have a case?” call the law firm of Morgan & Barbary at 321-951-3400 or email us at morganandbarbary.com to schedule a free initial consultation.